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Although not yet in force, the New Agreement will eventually supersede the Agreement and its application to the Entities should therefore be considered. ... Income Tax Convention (1980) generally requires that a person be subject to as comprehensive a tax liability as is imposed by a state before being considered to be a resident of that state for purposes of the tax treaty. ...

XXXXXXXXXX: Re: Application of Section 2602 of the Income Tax Regulations We are writing in response to your email query of March 16, 2012 wherein you asked our opinion as to whether a non-resident person who earns Canadian employment income in multiple provinces has to allocate his or her income to each province or would the employment income be considered to be earned solely in the province where his employer has a permanent establishment. ... Generally, a person is a non-resident for tax purposes if he or she: Normally, customarily, or routinely lives in another country and is not considered a resident of Canada; or Does not have significant residential ties to Canada; and lives outside Canada throughout the tax year or stays in Canada for less than 183 days in the tax year. ...

However, as stated in paragraph 18 of Interpretation Bulletin IT-119R4, Debts of Shareholders and Certain Persons Connected with Shareholders, dated August 7, 1998, "a loan made for the purpose of refinancing an indebtedness that was incurred earlier to acquire a dwelling is not considered to have been made to enable or assist an employee or an employee's spouse to acquire a dwelling. ... In determining whether such commitments were made, all relevant facts and evidence will be considered, including formal documentation of the commitment, the nature of the original financing which should have the characteristics of usual interim financing and the reasons why the lender did not provide the original financing". ...

16 June 2009 Internal T.I. 2009-0312851I7- Deductibility of Average Rent for Long Term Lease Unedited CRA Tags 18(1)(a); 18(9)(a)(ii); 97(2) Principal Issues: Whether the comments provided in Technical Interpretation 2008-0272771I7, with respect to the deductibility of average long term lease payments, would have varied if additional information pertaining to the taxpayer had been considered, including the effect of a subsection 97(2) transfer of certain assets. ... In our letter, we considered whether escalating lease payments, which are deductible under generally accepted accounting principles on an average basis, would be deductible on an average basis for income tax purposes. ...

For example, a corporation whose objectives include the provision of accommodation to persons other than the aged would not be considered exclusively for the aged. ... A statement indicating whether, to the best of the Applicant's knowledge, the CRA has at any time considered the corporation's eligibility as a low-cost housing corporation within the meaning of paragraph 149(1)(i) of the Act. ...

For example, maintaining reasonable operating reserves or bank accounts required for ordinary operations will generally be considered to be an activity undertaken to meet the not-for-profit objectives of an organization. ... However, if a material part of the excess is accumulated each year and the balance of accumulated excess at any time is greater than the association's reasonable needs to carry on its non-profit activities (see ¶ 9), profit will be considered to be one of the purposes for which the association was operated. ...

In addition, you have enquired about whether logging trucks specifically designed for dirt or gravel roads would be considered "prescribed property" for purposes of section 8200 of the Income Tax Regulations (the "Regulations"). ... " If logging trucks in question are not considered "prescribed property" as defined in section 8200 of the Regulations, then a subsection 16.1(1) election may be contemplated provided other conditions of the provision are met. ...

In general, an entity will be considered to be operating a business in a normal commercial manner if it habitually engages in an activity that is capable of producing a profit. ... As a result, the Academy would not be considered a non-profit organization as defined in paragraph 149(1)(l) of the Act. ...

It is our view that union dues used to fund the pension plan of union employees are generally not considered levied for or under a superannuation fund or plan. ... It is also our view that union contributions to a pension plan for its employees are generally considered to be related to the ordinary operating expenses of the union. ...

Paragraph 3 of Interpretation Bulletin IT-95, Foreign Exchange Gains and Losses, provides that generally, where borrowed funds are used in the ordinary course of a taxpayer's business operations, any foreign exchange gain realized on the repayment of the loan is considered to be an income gain and any foreign exchange loss incurred on repayment of the loan is considered to be an income loss. ...